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IN RE CHARWILL CONST., INC.

Bankruptcy No. 03-13626-MWV. Adversary No. 05-1189-MWV.

391 B.R. 7 (2007)

2007 BNH 045

In re CHARWILL CONSTRUCTION, INC., Debtor. Michael S. Askenaizer, Chapter 7 Trustee, Plaintiff v. Seacoast Redimix Concrete, LLC, Defendant.

United States Bankruptcy Court, D. New Hampshire.

December 21, 2007.

Attorney(s) appearing for the Case

David P. Azarian, Esq., Wensley, Jones & Azarian, P.L.L.C. Attorney for Chapter 7 Trustee.

John M. Sullivan, Esq., Preti Flaherty PLLC, Attorney for Seacoast Redimix Concrete, LLC.

MEMORANDUM OPINION

MARK W. VAUGHN, Chief Judge.

Michael Askenaizer (the "Plaintiff), as Chapter 7 trustee for Charwill Construction, Inc. (the "Debtor"), filed a complaint against Seacoast Redimix Concrete, LLC ("Seacoast"), to avoid certain payments the Debtor transferred to Seacoast within the ninety-day period preceding the filing of the bankruptcy petition. Presently before the Court is Seacoast's second motion for summary judgment, which alleges...

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